Special_Tax_and_Assessment_District_Administration_(Addendum_#1_Revision).pdf

REQUEST FOR PROPOSALS

21-070-RFP

SPECIAL TAX AND ASSESSMENT DISTRICT ADMINISTRATION

City of West Sacramento

1110 W Capitol Ave

West Sacramento, CA 95691

RELEASE DATE: January 4, 2022

DEADLINE FOR QUESTIONS: January 21, 2022

RESPONSE DEADLINE: February 1, 2022, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cityofwestsacramento https://secure.procurenow.com/portal/%7bproject.government.code%7d

City of West Sacramento

REQUEST FOR PROPOSALS

Special Tax and Assessment District Administration

I. Introduction II. Scope of Work

III. Proposal Requirements IV. General Information V. Terms and Conditions

VI. Standard Contract Information VII. Consultant Selection and Contract Award

VIII. Evaluation Criteria IX. Proposer Questionnaire X. Cost Proposal

Attachments:

A - Standard Professional Services Contract

B - Insurance Checklist 2021

Request for Proposals #21-070-RFP Title: Special Tax and Assessment District Administration

1. INTRODUCTION

1.1. Summary

Please state the Statement of Purpose of this Solicitation, being as descriptive as possible.

STATEMENT OF PURPOSE

The City of West Sacramento is soliciting proposals from qualified firms or individuals ("Proposer") to provide administration and other related services for all Special Tax and Assessment Districts in the City.

Each qualified Proposer is to submit a proposal in conformity with the terms of this Request for Proposal

("RFP") by the deadline below ("Proposal"). The Proposer selected by the City pursuant to the terms of this RFP and the City's contracting procedures, if any is selected, is referred to herein as "Contractor."

SYNONYMOUS TERMS

As used throughout this bid and its attachments, the following terms are synonymous:

a. Proposer, Firm, Consultant, Supplier, Vendor, Contractor, Successful Bidder, Offeror

b. Purchase Order, Contract, Agreement

c. Services, Work, Scope, and Project

d. Pricing proposal/table/sheet, Cost proposal/table/sheet, Rate table/sheet

1.2. Background

Incorporated in 1987, West Sacramento encompasses approximately 22 square miles, with a population just over 51,000 people. There is a range of housing throughout the city. Single family residential being the predominate housing type. In recent years, several new multifamily projects have developed in the north area along with infill housing and some higher end development. The riverfront is the focus for the city’s mix-used, higher density housing and development is active and underway. Raley’s Landing, the Bridge District, and Pioneer Bluff are the primary riverfront projects. The City’s south area is where most of the single-family residential development occurs. The City’s industrial and commercial develop occurs on the west side of both the north and south areas with the Riverpoint Development, Port

Industrial Area, and Southport Industrial Park. Plans are underway for a streetcar line that will connect the city’s core within the Bridge District to the state capital, Sacramento. The City of West Sacramento currently has 18 bonded Community Facilities Districts (“CFD(s)”), and 16 services CFDs, with more developed annually. The City of West Sacramento has one Lighting and Landscaping District No. 1 (“the

District”) and one Storm Maintenance District No. 1 .

The West Sacramento Area Flood Control Agency (WSAFCA/Agency) was formed in 1994 through a Joint

Exercise of Powers Agreement among the City of West Sacramento (City), Reclamation District 900, and

Reclamation District 537. WSAFCA is composed of a 3-member Board and supported by City staff. On

July 16, 2007, the WSAFCA Board adopted Resolution 07-05-02 which approved the final Engineer’s

Report and established a special benefit assessment under the Benefit Assessment Act of 1982. The procedure under which the assessments are authorized to be levied was initiated by WSAFCA and included a ballot procedure whereby owners within the City of West Sacramento (City) elected to incur an assessment obligation secured by a lien upon their property for the purpose of financing flood protection capital improvements of benefit to their property. The resolution also directed staff to record the documents with the County Recorder and submit the assessments to the County for placement on the 2007-08 Yolo County (County) tax roll, and each year thereafter. Each year, the City of West

Sacramento submits the levy to the County on behalf of WSAFCA, and property owners make payment on the assessment, along with their regular tax bill.

The City is also proposing solicitation to manage delinquent utility liens, and weed and nuisance abatement liens.

1.3. Contact Information

Marc Rotteveel

Finance Analyst

1110 W Capitol Ave

West Sacramento, CA 95691

Email: marcr@cityofwestsacramento.org

Phone: (916) 617-4575

Department:

Finance & Technology

1.4. Timeline

Project Release Date January 4, 2022

Question Submission Deadline January 21, 2022, 5:00pm

Question Response Deadline January 26, 2022, 5:00pm

Proposal Submission Deadline February 1, 2022, 5:00pm

Prospective Interview Date Week of February 14, 2022 mailto:marcr@cityofwestsacramento.org tel:(916)617-4575

2. SCOPE OF WORK

2.1. Scope of Work

The following is a list of tasks that are intended to be the responsibility of the Proposer pursuant to this

Request for Proposals ("Scope of Work "). Proposers are encouraged to bid on any or all of the Scope of

Work services in this solicitation. Proposals should clearly state the stand-alone cost of each service, as well as any savings associated with bundling two or more services. In order to best meet its needs, the

City reserves the right to contract for each service individually or as a package.

A. Community Facilities District Administration and Service Community Facilities District

Administration

1. Prepare an Annual Special Tax Levy Report to include a) annual budgets for each District: b) review of fund balances to identify any surplus funds; c) debt service requirements; c) delinquency summaries; d) related recommendations or issues.

2. Maintain and periodically update an electronic database containing parcel basis data and annual special tax levy amounts by Assessor’s Parcel Number.

3. The Proposer shall calculate the maximum Special Tax rates by adjusting the previous years’ rates as specified in the Rate and Method of Apportionment (“RMA”) of Special Tax for each District. Based on information provided by the City regarding budget requirements for the following fiscal year, fund balances and reserve requirements, the actual Special Tax rates for each billing category shall be determined and the costs distributed in accordance with the RMA.

4. Provide City with draft district budgets to be approved prior to County submittals.

5. Provide levy installment information for each parcel, formatted in the required configuration to the

County Auditor-Controller’s Office for placement on the property tax roll.

6. Prepare manual billings for parcels that the County Auditor Controller’s Office does not apply to the tax roll.

7. Provide a toll-free number to field inquiries from city staff, property owners and other interested parties regarding Special Tax/assessment installments and related information.

8. Calculate written prepayment quotes for parcels within the Facilities Districts. The fee for this service is to be paid by the requestor.

9. Perform required bond call spreads for City approval and coordinate the early redemption of outstanding bonds.

10. Be available to attend Council meetings as needed.

11. Prepare any requested tables for the preliminary official statement and final official statement for any proposed bond sale .

12. Participate in any financing team meeting or calls for any proposed bond sale.

13. Assist in providing data to the absorption proposer and/or appraiser for any proposed bond sale.

https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=75711

B. Arbitrage Rebate (for debt issued for Special Tax Districts)

1. Collect third-party data and other statistical, financial, and cash flow information required for the reports.

2. Review all regulatory provisions and produce a comprehensive rebate report.

3. Keep abreast of enforcement actions and changes to the code/regulations that affect arbitrage compliance requirements.

C. Annual Continuing Disclosure and CDIAC Reporting Obligations (for debt issued for Special Tax

Districts)

1. Collect pertinent data relating to the debt issue in order to comply with the Continuing Disclosure

Agreement of each Special Tax District/benefit assessment district requiring an annual report.

2. Prepare the Annual Continuing Disclosure Reports for City approval and then disseminate the final reports on the EMMA portal website: emma.msrb.org.

3. Notify City staff of ratings changes, or other events enumerated in Rule 15c2-12(b) which would require a Notice of Certain Significant Event to be posted to EMMA.

4. Provide annual reports as required to the California Debt and Investment Advisory Commission

(CDIAC) by October 30th if required by the California Government Code, Section 53359.5(b), as amended.

5. In order to comply with SB 1029, Proposer will submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. There were 6 total (CFD debt and non-CFD debt) issuances to report for FY2020/21, with more to come in the near future.

D. Delinquency Management

1. Proposer will monitor delinquencies each January and May and submit periodic reports to the City.

2. Send a delinquency reminder letter after the first installment of the tax bill becomes delinquent.

3. Send a 30-day delinquency demand letter after the second installment of the tax bill becomes delinquent.

4. Cause the removal of the delinquent installments for the current and/or prior tax year(s) from the

County tax roll, in compliance with SB 1471.

5. Send a 21-day delinquency foreclosure letter. Foreclosure letters shall contain a brochure providing answers to frequently asked questions.

6. Send those parcels that are delinquent to the City-retained foreclosure attorney to collect the delinquent installments and other authorized costs through foreclosure.

7. Assist foreclosure counsel to initiate and prosecute judicial foreclosure proceedings.

8. Provide a toll-free telephone number to field inquiries from staff, parcel owners, lenders, and other interested parties concerning delinquencies.

9. Provide payoff quotes for stripped delinquent installments for interested parties upon request. Fees for this service are paid by the requesting party; there is no charge to the City.

E. Landscaping and Lighting District and Storm Drain Maintenance District Administration

1. Schedule an annual kick-off meeting with City staff to review the existing districts; and identify and discuss possible changes for the upcoming fiscal year, including budget issues, annexations, modifications to district structure, expansion, or changes in the improvements, as well as legislative changes that may impact the districts.

2. Prepare an annual levy timeline identifying key dates and timeframes for pertinent tasks throughout the levy process. This timeline will be reviewed and discussed with staff; and adjusted, as needed, to address the City’s scheduling requirements or proposed changes to the districts.

3. Create and maintain a parcel levy database by using parcel information from various sources. As new data becomes available, update the database, and enhance the data through parcel research using current secured roll information, County Assessor maps, various third-party resources, and specific information provided by the City (e.g., up-to-date map approval status, building permits or certificate of occupancy data). Updates to the database will include those necessitated by the addition and/or removal of parcels, land subdivisions and merges, ownership and mailing address changes, and adjusted benefit unit information. This database will then become the source for the calculation of the annual district assessments.

4. Provide the City (upon request) an update of the estimated benefit units currently identified in each district’s levy database(s) for the City’s consideration in preparing the preliminary district budgets.

Typically, the updated benefit units that will be incorporated into the Engineer’s Report(s) will be available in late March or early April.

5. Review the preliminary district budget(s) provided by the City by focusing on significant budget changes compared to the previous year.

6. Establish accurate estimates of anticipated assessment revenue and other estimated revenue sources associated with the districts’ budget(s).

7. Draft resolutions to be adopted in conjunction with the annual levy process. The draft resolutions will utilize the previous year’s resolutions as a template and incorporate specific updates and modifications as needed based on legislative changes or changes within the districts. Provide copies of the draft resolutions to City staff for review prior to City Council action. The City acknowledges that the City

Attorney should review all resolutions for form and content.

8. Prepare the annual Engineer’s Report(s) for the districts according to the applicable legislation and/or municipal code, and the provisions of California Constitution Article XIIID (Proposition 218). This report will include the following items:

a. A general description of the district that may include key historical facts, zone designations, and discussion of district benefits;

b. A description of the plans and specification for the improvements (this may include a reference to documents on file at the City);

c. An estimate of the improvement costs (budget);

d. A description of the Method of Apportionment (assessment calculation);

e. A diagram of the district or reference thereof (updated, as required);

f. An assessment of the estimated cost to each parcel; and

g. An affidavit stating that a professional engineer has prepared the report.

9. Provide the City with electronic copy of the full Engineer’s Report(s), including the assessment roll.

Attend up to one (1) City Council meeting, public hearing, and/or staff meeting; and be available to answer questions posed by City Council or staff.

10. Provide the assessment amount for each parcel by APN to the County Auditor/Controller’s Office in the media, format and configuration required by the County for placement on the annual property tax roll.

11. Submit the electronic collection file, the Resolution to Levy, and other necessary documentation required by the County Auditor/Controller’s Office for collection of the assessments.

12. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office.

13. Provide a final applied listing of parcels, special assessment billing characteristics, and corresponding charge amounts.

14. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special assessment installments and related information.

15. As requested, prepare and mail invoices (handbills) to all property owners whose annual assessment could not be applied to the County tax roll (parcels for which the County does not generate a tax bill).

These invoices would provide for two (2) installments, similar to the County tax bills, and would be payable directly to the City.

F. Annual Administration of West Sacramento Area Flood Control Agency Assessment

1. Schedule an annual kick-off teleconference meeting with City staff to review the existing District information and availability of data necessary to update the current parcel database. Identify and discuss possible changes to the District for the upcoming fiscal year.

2. Prepare a schedule identifying key dates and timeframes for pertinent tasks throughout the levy process. This schedule will be reviewed and discussed with City staff. As needed, the schedule will also be adjusted to address requirements or proposed district changes.

3. Maintain and update a parcel levy database by using the parcel information from various sources, including but not limited to, City of West Sacramento building permit system, Yolo County secured parcel roll, ZLV/unitary tax rolls, City provided information through cut-off date as dictated in the

Engineer's Report of each year. As new data becomes available, update the database and enhance the data through parcel research of the sources. Updates to the database will include parcel additions and deletions and any changes to the four primary factors identified in the Engineer’s Report:

a. Parcel's predominant land use;

b. Parcel acreage;

c. Parcel's flood zone location; and

d. Parcel's first floor square footage.

4. Any parcel changes necessitated by the parcel assembly/subdivision/retirement and change of ownership information will be thoroughly documented. This updated database will then become the source for the calculation of the annual district assessments.

5. Compute the annual district assessments for each assessable parcel based on the assessment formula and annual escalation (2%) for the factor assessment rates approved in the Engineer's Report. Prepare the factor assessment rate schedule and preliminary assessment roll and present to City. Annual escalation of the flood assessment rates is subject to approval by the WSAFCA Board.

6. Assist with the preparation and review of the necessary resolution(s) to be adopted in conjunction with the approval of the annual levy of assessments.

7. Provide assessment amounts for each parcel by APN to the County Auditor/Controller's Office in the media, format and configuration required by the County for placement on the annual property tax roll.

8. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller's Office.

9. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding special tax installments and related information.

10. Provide the City with a final applied listing of parcels, charge characteristics, and corresponding charge amounts.

11. Prepare and mail invoices (handbills) to all property owners whose proposed annual tax for their parcel could not be applied to the County tax roll (parcels for which the County does not generate a tax bill). Such parcels include HOA commons, public infrastructure, and parcels taxed by the State Board of

Equalization These invoices would be provided in two (2) installments, similar to the County tax bills, and would be payable directly to the City.

12. Submit periodic delinquency reports to the City in February and July.

13. Prepare any requested tables for the preliminary official statement and final official statement for any proposed bond sale .

14. Participate in any financing team meeting or calls for any proposed bond sale.

15. Assist in providing data to the absorption proposer and/or appraiser for any proposed bond sale.

G. Abatement, Code Enforcement and Delinquent Utility Billing Administration

1. Create and maintain a parcel levy database by using parcel information provided by the City.

2. Provide assessments for each parcel by APN to the County Auditor/Controller’s Office in the media, format and configuration required by the County for placement on the annual property tax roll.

3. Research parcel exceptions provided by the County and, if possible, resubmit installment amounts that are unapplied by the County Auditor/Controller’s Office.

4. Provide the City with a final applied listing of parcels, assessment characteristics, and corresponding charge amounts.

5. Provide a toll-free number to field inquiries from City staff, property owners, and other interested parties regarding the assessment installments and related information

2.2. Additional Scope of Work

A. Arbitrage Rebate (for other non-Special Tax District debt issued)

1. Collect third-party data and other statistical, financial, and cash flow information required for the reports.

2. Review all regulatory provisions and produce a comprehensive rebate report.

3. Keep abreast of enforcement actions and changes to the code/regulations that affect arbitrage compliance requirements.

B. Annual Continuing Disclosure and CDIAC Reporting Obligations (for other non-Special Tax District debt issued)

1. Collect pertinent data relating to the debt issue in order to comply with the Continuing Disclosure

Agreement of each debt issue requiring an annual report.

2. Prepare the Annual Continuing Disclosure Reports for City approval and then disseminate the final reports on the EMMA portal website: emma.msrb.org.

3. Notify City staff of ratings changes, or other events enumerated in Rule 15c2-12(b) which would require a Notice of Certain Significant Event to be posted to EMMA.

4. Provide annual reports as required to the California Debt and Investment Advisory Commission

(CDIAC) by October 30th if required by the California Government Code, Section 53359.5(b), as amended.

5. In order to comply with SB 1029, Proposer will submit an annual report for any issue of debt for which it has submitted a report of final sale on or after January 21, 2017. There were 6 total (CFD debt and non-CFD debt) issuances to report for FY2020/21, with more to come in the near future.

2.3. Term of Contract

It is the intent of the City to enter into a contract or other agreement with an initial term of three (3) years for Contractor to Complete the Scope of Work ("Contract"). The City reserves the right to terminate the Contract at any time if services provided are unsatisfactory. The City also reserves the right to extend the Contract, subject to the availability of funding.

The City may extend the Contract for up to two (2) additional one 1-year terms, for a maximum term of five (5) years. The City is not obligated to extend the Contract. If the City does not extend the Contract but requires time to solicit for and secure an alternative contractor, Contractor shall continue to provide the services in the Scope of Work on a month-to-month basis, not to exceed six (6) months, at the same cost, terms, and conditions in effect at the expiration of the Contract.

3. PROPOSAL REQUIREMENTS

3.1. Proposal Format & Content

Proposer Questionnaire must include each of the following sections to be uploaded in the Proposer

Questionnaire section.

A. Proposal Transmittal Letter

B. Proposer's Mandatory Qualifications and Experience

C. Technical Project Approach

D. Cost Proposal

Specific content and format requirements for each section are detailed below.

Each section shall be uploaded in the Proposer Questionnaire section of this RFP, through the City’s

ProcureNow system at https://secure.procurenow.com/portal/cityofwestsacramento.

3.2. Proposal Transmittal Letter

A Proposer is required to provide a written transmittal letter and offer in the form of a standard business letter ("Proposal Transmittal Letter" or "Letter"). The Proposal Transmittal Letter shall reference and respond to the following subsections in sequence and have attached to it corresponding documentation, as required. A Proposal Transmittal Letter is mandatory and failure to provide the required information may result in the proposal being considered nonresponsive and rejected.

A. Proposer's Name and Contact. The Letter shall state the complete name, or business name, of the Proposer making the Proposal. The Letter shall state the name, title, mailing address, email address , and telephone number of the person the City should contact regarding the Proposal.

B. Statement of Offer. The Letter shall state that the Proposal is an offer to complete the Scope of

Work and the offer, including the Cost Proposal rates and budget, remains valid for at least ninety (90) business days after the Proposal due date.

C. Conflict of Interest. The Letter shall state whether the Proposer, or any individual who shall perform work under the Contract, has a possible conflict of interest and, if so, the nature of that conflict. The City reserves the right to terminate the Contract if its execution would or could create, or give the appearance of creating, a conflict of interest. The City, at its sole discretion, shall make all determinations on the existence or appearance of a conflict of interest.

D. City Contract Terms. The Letter shall include a statement of acknowledgement that the City’s

Standard Contract and Insurance Requirements (Included in Attachments) have been reviewed and accepted by the Proposer with or without qualification. If the Proposer has qualifications, the Proposer shall upload a document identifying the Contract language at issue and Proposer's suggested adjustment or modification in redline. If no qualifications are identified, Proposer is presumed to have accepted the Contract and be capable of completing the Scope of Work, as https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=75712 https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=75712 https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=undefined well as all reasonably associated managerial tasks, without reservation or qualification pursuant to the Contract.

1. If qualifications are involved, those items requiring adjustment or modification must be provided via tracked changes on the Standard Contract (see Attachments) and uploaded in the Proposer Questionnaire, under Standard City Contract Qualifications.

E. Subcontractors. The Letter shall state whether the Proposer intends to use subcontractors, subconsultants, or other contracting parties to complete the Scope of Work (collectively, "Subcontractors"). If so, the Letter shall clearly identify the name of each proposed

Subcontractor, their mailing address, email address, and telephone number as well as the service related to the Scope of Work that the Subcontractor is anticipated to perform. NOTE:

The Contractor must obtain written approval from the City prior to the use of any

Subcontractor, even after a Contract is executed.

F. Signature and Authority. The Letter shall be signed by a person empowered to bind the

Proposer to the provisions of the RFP, and any contract awarded pursuant to it. Evidence showing authority to bind the Proposer shall be attached to the Letter.

3.3. Proposer's Mandatory Qualifications and Experience

A Proposal shall demonstrate that the Proposer holds the qualifications and experience required to complete the Scope of Work by referencing and responding to the following subsections in sequence and attaching corresponding documentation, as required ("Mandatory Qualifications and Experience").

The qualifications and experience listed below are mandatory and failure to provide the required information may result in the proposal being considered nonresponsive and rejected.

A Proposal shall provide the following information by referencing the subsections in sequence and attaching corresponding documentation, as required, to evidence the Proposer's Mandatory

Qualifications and Experience to deliver services required to complete the Scope of Work:

A. Organization. A brief description of Proposer's background, years in business, organizational history, and client base. Briefly state Proposer's total number of employees and list all relevant licenses, specialties, and trainings held by Proposer and/or employees. List office location(s) and identify the office(s) from which services will be performed.

B. Experience. A brief statement of how long Proposer has been performing the services required to complete the Scope of Work. Proposer shall have a minimum of five (5) years of experience providing the services required to complete the Scope of Work to public agencies in California. If the Proposer has been in business for less than five years, the experience of its principals may be used to meet this requirement.

C. Public Agency Experience. A description of no more than ten (10) public sector projects completed within the last five (5) years that demonstrates Proposer's experience performing services to complete the Scope of Work, including a statement as to whether Proposer has experience working for the City of West Sacramento, or a public agency similar in size to the

City. Note key personnel involved in each project and if they are proposed for this Proposal. If applicable, differentiate which work was performed by subcontractor. List any contractual relationships with the City existing now or within the past five (5) years.

D. Personnel. A narrative description, resume, and organizational structure chart of personnel to be assigned to complete tasks within the Scope of Work, clearly indicating where Subcontractors will be used, if applicable. The narrative description or resume shall list, at least, each individual’s title, education, relevant experience and duration, professional licenses, and demonstrated accomplishments. Identify the individual who will lead the day-to-day work effort and serve as the primary contact to the City.

E. References. A list of five (5) references for whom the services required to complete the Scope of

Services have been performed by Proposer within the last three (3) years. The list of references shall include name, mailing address, email address, brief description of services completed relevant to this RFP, and point of contact who can attest to the quality and effectiveness of the services.

F. Local Benefit. A statement describing any and all local benefit the Proposer would bring to the

Contract. For example, local benefit may include but is not limited to local vendors, suppliers, labor or subcontractors used in support of the project as well as fees or taxes paid to the City. To the extent practical, the local benefit described with the Proposal should be measurable. At the end of the Contract, the Contractor shall be required to provide a report detailing the measures taken to enhance the local benefit and whether or not stated goals were met. For purposes of this section, a local vendor or service provider is one located within the City limits and in possession of a West Sacramento business license.

G. History. A statement as to whether there have been any mergers, acquisitions, or sales related to Proposer's organizational structure within the last three (3) years. If so, attach an explanation providing relevant details.

H. Legal Challenges. A statement as to whether there is any pending litigation against the Proposer.

If such litigation exists, attach an opinion of counsel as to whether the pending litigation will impair the Proposer's ability to perform the Contract.

I. Fiscal Viability. A statement as to whether, in the last ten (10) years, the Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, attach an explanation providing relevant details.

J. Business License. Registration with the Secretary of State to conduct business in the State of

California. Attach a copy of a proof of registration.

3.4. Technical Project Approach

Describe the operational or organizational approach the Proposer will take to fulfill the Scope of Work.

Proposer must provide a comprehensive narrative on how to accomplish required objectives and provide continuity on work efforts.

3.5. Cost Proposal

A Cost Proposal for Professional Services, as addressed in this RFP, must be submitted and will be opened separately from the other submitted required response documents and follow the outline for services as outlined in the Scope of Work. Proposers are encouraged to bid on any or all of the Scope of

Work services in this solicitation and Cost Proposals shall be uploaded separately by service type in the

Proposer Questionnaire. Proposals should clearly state the stand-alone cost of each service, as well as any savings associated with bundling two or more services. In order to best meet its needs, the City reserves the right to contract for each service individually or as a package.

Proposal prices shall include all applicable federal, state, and local taxes. Pricing must be all-inclusive, as no additional charges will be allowed except for additional services as requested by the City, if any.

There will be no additional reimbursement for travel time or expenses, telephone costs, copying costs, etc.

The cost proposal shall provide fees as requested for each year of the contract term and each year of the option term. Costs listed in the Proposal must remain accurate for duration of the contract.

4. GENERAL INFORMATION

4.1. Proposal Submission

All Proposals, including any attachments, exhibits, or amendments, shall be submitted through the City's

E-Procurement Portal, which will deliver Proposals to the City of West Sacramento, Finance and

Technology Department. Proposals not submitted through the City's E-Procurement Portal shall be deemed nonresponsive and rejected. Proposals may not be delivered orally, by paper, by email, by facsimile transmission, or by any other telecommunication or electronic means.

All proposals shall be submitted through the City’s e-Procurement Portal no later than:

Tuesday, February 1, 2022 at 5:00 pm.

Firms shall respond to the RFP and any exhibits, attachments, or amendments.

A Proposer's failure to submit a Proposal in compliance with the procedures and timelines set forth in the RFP shall cause the Proposal to be deemed nonresponsive and rejected. A late Proposal shall not be accepted. Additional time to respond shall not be granted to any Proposer.

4.2. Questions and/or Objections

It is to the City and Proposer's benefit that questions and objections are brought to the City's attention so it may issue necessary amendments to the RFP and help prevent the opening of defective proposals upon which the City could not award a Contract. Proposer should carefully review this RFP and all attachments for comments, questions, defects, objections, or any other matter requiring clarification or correction (collectively, “Questions”).

A Proposer may submit Questions related to this RFP to the City through the City’s e-Procurement Portal at or before:

Friday, January 21, 2022 at 5:00 pm.

Questions shall be considered waived and invalid if not brought to the attention of the City in conformity with this subsection. Questions not submitted through the City's e-Procurement Portal will not be accepted or responded to. Questions submitted after the deadline will not be accepted or responded to. Questions and answers will be posted on the City's e-Procurement Portal and visible to all.

Any revisions to the Standard Contract should be in the Proposal Transmission Letter and shown in redline, as described above.

4.3. General Proposal Format Requirements

A. The City discourages lengthy and costly proposals. A Proposal should be prepared simply and economically and provide a straightforward, concise description of the Proposer's capabilities to satisfy the requirements of this RFP. Emphasis should be on conformity to the City’s instructions, requirements of this RFP, and completeness and clarity of content.

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B. A Proposal must address all portions of the RFP, provide all information requested, and comply with all formatting requirements detailed herein.

C. A Proposal must be labeled and organized as requested in this RFP, including using section headers.

Failure to follow the specified format, to label the responses correctly, or to address all of the subsections may, at the City’s sole discretion, result in the rejection of a Proposal.

D. A Proposal must not contain extraneous information. All information presented in a Proposal must be relevant to, and in response to, a requirement of this RFP. Any information not meeting these criteria shall be deemed extraneous and shall in no way contribute to the evaluation process.

E. A Proposal shall be prepared on standard 8 1/2" x 11" formatted electronic documents. Foldouts containing charts, spreadsheets, and other exhibits are permissible but Proposer shall be reminded that responses will be read electronically through the City’s e-Procurement Portal.

1. All responses, as well as any reference material presented, must be written in English.

2. All monetary amounts must be detailed in United States currency.

3. All uploaded proposal pages must be numbered. Proposals shall be limited to a total of twenty-five

(25) pages and should not include unnecessary company advertisement material.

4.4. Proposal Preparation, Interview and Negotiation Costs

The City shall not be responsible for and/or shall not pay any costs associated with the preparation, proposal, or presentation of any proposal, or costs incurred by the responding firms during the interview and negotiations phase of the solicitation process.

4.5. Proposal Withdrawal

A Proposal may be withdrawn at any time by clicking "unsubmit" on the City's e-Procurement Portal. If before the deadline to submit a Proposal, after withdrawing a Proposal, a Proposer may submit another

Proposal.

4.6. Proposal Amendment

A Proposal may be amended prior to the deadline to submit a Proposal by unsubmitting and resubmitting a Proposal on the City's e-Procurement Portal. After the deadline to submit a Proposal, the

City shall not accept any amendments, revisions, or alterations to a Proposal.

4.7. Proposal Errors

Proposers are liable for all errors or omissions contained in their proposal. A Proposer is prohibited from altering a Proposal after the deadline for submitting a proposal, through any means.

4.8. Incorrect Proposal Information

If the City determines that a Proposer has provided, for consideration in the evaluation process or contract negotiations, incorrect information which the Proposer knew or should have known was materially incorrect, the Proposal may be rejected by the City, at its sole discretion.

5. TERMS AND CONDITIONS

5.1. RFP Amendment and Cancellation

The City reserves the unilateral right to amend this RFP in writing at any time. The City also reserves the right to cancel or reissue the RFP at its sole discretion. The City shall post copies of the RFP and amendments on the City’s e-Procurement Portal and it shall be the responsibility of the responding firm to click "Follow" on the project to receive notifications. It shall be the responsibility of the firm to also self-monitor the posting of written responses. Responding firms shall respond to the final written RFP and any exhibits, attachments, and amendments.

5.2. Right of Rejection

A. The City reserves the right, at its sole discretion, to reject any and all Proposals, no matter their level of responsiveness, or to cancel this RFP in its entirety.

B. A Proposer must comply with all of the terms and instruction of this RFP, and all applicable state and local laws and regulations. Any Proposal that does not meet the requirements of this RFP may be considered to be nonresponsive and rejected.

C. A Proposer may not restrict the rights of the City or otherwise qualify a Proposal. If a Proposer does so, the City may determine the Proposal is a nonresponsive counteroffer, and the Proposal may be rejected.

D. The City reserves the right, at its sole discretion, to waive variances in a Proposal, provided such action is in the best interest of the City. Where the City waives variances in a Proposal, such waiver does not modify the RFP requirements or excuse the Proposer from full compliance with the RFP.

Notwithstanding any variance, the City may hold any Proposer to strict compliance with the RFP.

5.3. Prohibition of Respondent Terms and Conditions

A Proposer shall not submit their own contract terms and conditions in a Proposal. If a Proposal contains such terms and conditions, the City, at its sole discretion, may reject the Proposal. A Proposer may either submit Questions to gain clarification on a term of the City's Standard Contract or submit proposed revisions to the City's Standard Contract in redline as part of the Proposal Transmission Letter, both pursuant to the terms of this RFP.

5.4. Joint Ventures and Partnering

A Proposal from joint ventures or entities partnering for a specific service must be designed to minimize any administrative burden on the City as a result of the participation of multiple entities. Joint proposals must adhere to the following:

A. The Proposal shall respond to each section and subsection of this RFP.

B. The Proposal shall clearly set forth the respective responsibilities and functions that each Principal of the joint venture or partnering entities would perform if awarded a Contract pursuant to this RFP.

C. The Proposal must include a copy of the joint venture or partnering agreement(s) that identify the

Principals involved, as well as their rights and responsibilities regarding the Contract pursuant to this

RFP.

D. The Proposal Transmittal Letter must be signed by each Principal of the joint venture and include all required information.

5.5. Proposal of Alternate Services

A Proposal for alternate services (i.e., proposals that offer something different from that requested by the RFP) will be considered nonresponsive and rejected.

5.6. Proposal of Additional Services

A Proposal may indicate and offer services in addition to those required by this RFP. These additional services may be added to the Contract, at the sole discretion of the City. The cost for any such additional services shall be mutually agreed upon by the Contractor and the City, and incorporated into the

Contract before execution.

5.7. Severability

If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions shall not be affected, and the rights and obligations of the City and

Proposers shall be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

5.8. Licensure and Special Certification

Before executing the Contract pursuant to this RFP, the Contractor must hold all necessary business and professional licenses and certifications to complete the Scope of Work. The City may require any or all

Proposers to submit evidence of proper licensure and certifications.

5.9. Disclosure of Proposal Contents

All Proposals and other materials submitted to the City related to this RFP shall become the property of the City. Selection or rejection of a Proposal does not affect this right. All proposal information, including detailed price and cost information, shall be held in confidence during the evaluation and selection process. Upon the completion of the evaluation and selection process, or by rejection of all Proposals, the Proposals and shall be open for review by the public to the extent required by the California Public

Records Act, Government Code section 6254 et seq.. By submitting a Proposal, a Proposer acknowledges and accepts that the contents of the Proposal and associated documents shall become open to public inspection.

Portions of a Proposal exempt from public disclosure by law may be protected from public disclosure by the City. A Proposer is required to clearly label such portion of a Proposal "CONFIDENTIAL" and list the grounds for non-disclosure. In doing so, the Proposer thereby agrees to indemnify and defend the City from any action arising from the non-disclosure of the information. The failure to so label any information shall constitute a complete waiver of all claims for damages caused by or related to any release of the information.

5.10. Conflict of Interest and Restrictions

By submitting a Proposal, the Proposer certifies that no amount shall be paid directly or indirectly to an employee or official of the City as wages, compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Proposer in connection with the procurement under this RFP.

5.11. Local Benefit Definition

The Proposer is required to provide a statement describing any and all local benefit the Proposer would bring to the Contract. For example, local benefit may include but is not limited to local vendors, suppliers, labor or subcontractors used in support of the project as well as fees or taxes paid to the City.

To the extent practical, the local benefit described with the Proposal should be measurable. At the end of the Contract, the Contractor shall be required to provide a report detailing the measures taken to enhance the local benefit and whether or not stated goals were met.

For purposes of this section, a local vendor or service provider is one located within the city limits and in possession of a West Sacramento business license.

5.12. Proprietary Information

The electronic/master copy of each proposal shall be retained for official files and will become public record after the award of a contract unless the proposal or specific parts of the proposal can be shown to be exempt by law. Each responding firm may clearly label part of a proposal as "CONFIDENTIAL." In doing so, the responding firm thereby agrees to indemnify and defend the City. The failure to so label any information that is released by the City shall constitute a complete waiver of all claims for damages caused by or related to any release of the information. If a public records request for labeled information is received by the City, the City will endeavor to notify the responding firm of the request and delay access to the material until seven (7) working days after the City’s receipt of the public records request. Within that time delay, it will be the duty of the responding firm to act in protection of its labeled information. Failure to so act shall constitute a complete waiver.

6. STANDARD CONTRACT INFORMATION

6.1. Standard Contract

The Contract executed pursuant to this RFP shall contain the same, or substantially the same, terms as provided in the City of West Sacramento Standard Professional Services Contract (provided in

Attachments). Capitalized and bracketed items shall be replaced with appropriate information in the final contract.

This RFP, including the Scope of Work, and the successful Proposal emanating from the RFP process shall be incorporated into the Contract.

6.2. Insurance Requirements

The apparent successful responding firm will be required to provide proof of insurance in compliance with the Insurance Checklist and Standard Contract, both in Attachments , prior to commencing work.

Exceptions to City insurance requirements will not be made. Any proposer unable to meet the insurance requirements, as detailed, shall not be eligible for selection or award of contract.

The apparent successful Proposer will be required to provide proof of insurance as set forth in the attached Standard Contract and Insurance Requirements prior to commencing work.

6.3. Contract Approval

This RFP and the Contractor selection processes do not obligate the City to act in any certain way and do not create rights, interests, or claims of entitlement to any Proposer or any other entity. Any perceived or actual obligation of the City related to this RFP shall not commence until after the Contract is fully executed in compliance with City ordinances and regulations to establish a legally binding contract.

6.4. Contract Payment

Contract payments shall only be made in accordance with the terms and conditions of the Contract and only after the Contract is fully executed in compliance with City ordinances and regulations. No payment shall be made until the Contract is executed. The City shall not be liable for any payment related to this

RFP or the Scope of Work prior to the execution of the Contact, even if the services or work is done in good faith or reliant on oral promises.

6.5. Contract Monitoring

The Contractor shall be responsible for the completion of all services required to complete the Scope of

Work. All services, work, and tasks pursuant to the Scope of Work are subject to inspection, evaluation, and acceptance by the City. The City may employ all reasonable means to ensure that the Scope of Work is progressing and being performed in compliance with the Contract, including, but not limited to, inspection of Contractor's office, records, files, and other materials and places related to the Scope of

Work. If the City wishes to conduct such an inspection, the Contractor shall provide reasonable access and assistance.

https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=75705 https://secure.procurenow.com/portal/cityofwestsacramento/projects/11782?section=75705

6.6. Contract Amendment

During the course of the Contract, the City may request the Contractor to perform additional services for which the Contractor would be compensated. Those services shall be within the general scope of this

RFP. In such instances, the City shall provide the Contractor a written description of the additional work, and the Contractor shall submit a time schedule and cost proposal for completing the additional services, based on either the rates included in the Contractor's Proposal to this RFP or else a fixed fee that is mutually agreed to by City and Contractor, whichever is lowest. If the City and Contractor reach an agreement regarding the services and associated compensation, said agreement shall become effective by means of an amendment to the Contract.

7. CONSULTANT SELECTION AND CONTRACT AWARD

7.1. Proposal Evaluation Process

The Proposal review and evaluation process will comply with the following processes ("Proposal

Evaluation Process"):

A. The Proposal Evaluation Process is designed to establish a list of qualified Proposers with the best combination of attributes based upon the Evaluation Criteria.

B. The City's Proposal Evaluation Process is intended to identify the Proposer with the best combination of attributes.